Witness in Velazquez trial gives new story about night of killing

The ex-girlfriend of Juan Velazquez, on trial for a 2009 murder in Fall River, said he was sleeping in bed with her when shots rang out around 4 a.m. on Oct. 25, 2009. After hearing the shots, Velazquez “jumped up and ran out of the house,” the witness said, adding that she had thrown a par...

The ex-girlfriend of Juan Velazquez, on trial for a 2009 murder in Fall River, said he was sleeping in bed with her when shots rang out around 4 a.m. on Oct. 25, 2009.

After hearing the shots, Velazquez “jumped up and ran out of the house,” the witness said, adding that she had thrown a party at her East Main Street residence hours before the shooting.

However, the same witness, 23, told police in 2009 that she had been alone that night, that she had not thrown a party and that she and Velazquez were not dating but just “talking.”

The witness also has a pending witness intimidation case in Fall River District Court related to the murder investigation. She waived her Fifth Amendment rights against self-incrimination to testify Thursday in Fall River Superior Court.

The defense team began presenting its case Thursday after prosecutors rested in the trial, which began June 3. Velazquez is accused of shooting and killing Ervin Millsap, 40, near the corner of East Main and Peckham streets.

Two witnesses for the prosecution identified Velazquez as the shooter. Another witness testified this week that she saw a man matching Velazquez’s description shooting a gun outside her window.

Velazquez’s ex-girlfriend testified Thursday that she was telling the truth. Under cross-examination, Assistant District Attorney Michael Cahillane noted her original statement to police that she got home around 2:30 a.m. and went to bed alone.

“That’s a lie, right?” Cahillane asked.

“Yes,” the witness responded.

Defense attorney John J. Connors also called upon Samuel Sommers, a psychology professor at Tufts University, who testified as an expert witness on memories being imperfect, especially as they relate to eyewitness identifications in stressful situations. He also said that eyewitness confidence is not always a strong barometer of the truth.

The defense is also expected to present evidence — including a confidential informant’s statement — that Francisco Suarez, 22, a Fall River man currently in custody in Puerto Rico in a kidnapping and ransom case, might have been the real gunman who shot and killed Millsap. Suarez has a pending 2009 home invasion case — in which Velazquez was a co-defendant — and he allegedly slipped his GPS bracelet and fled to Puerto Rico, violating the terms of his pretrial probation. He is currently held on a $15 million bail in Puerto Rico.

Testimony is expected to wrap up Friday or Monday, with closing arguments following.